1. SCOPE OF THE CONTRACT
These General Conditions of Contract apply to the sale of all CD Next Play Sport products through the virtual store within its page www.cdnextplaysport.com to consumers, users or any other final recipient (the user), to the that orders can be delivered within the Spanish territory included in the Iberian Peninsula.
These General Conditions are the only conditions applicable to the use of the Website and to the contracting of products or services through the Website and replace any other conditions, unless previously agreed in writing between CD Next Play Sport and the buyer. Consequently, the buyer who accesses the Website and/or purchases products through the Website agrees to submit to and is bound by the General Conditions as written at the time the Website is accessed.
Once an Order Request has been made, the buyer will receive an email confirming that the request has been sent correctly. Along with the confirmation of receipt, a copy of these General Conditions of Contract will be delivered.
2. ABILITY TO CONTRACT
By acquiring the services and products offered by CD Next Play Sport, the user declares to be over 18 years of age and have the legal capacity to contract. CD Next Play Sport reserves the right to cancel a user’s access account if fraudulent, speculative or bad faith acts are detected in the use of this service.
3. PRODUCT
CD Next Play Sport will deliver the products identically to how they appear on its website.
CD Next Play Sport reserves the right to withdraw any product from its website at any time and/or to remove or modify any material or content thereof. In the event that there are exceptional circumstances that prevent the supply of products or there are no items in stock that force us to reject the processing of any order after having sent its confirmation, CD Next Play Sport will offer information about substitute products of quality and value equal to or greater than the user may order. If the user does not wish to place an order for these substitute products, any amount that may have been paid will be refunded.
CD Next Play Sport will not be responsible for the fact of removing or modifying any product, regardless of whether said product has been sold or not, or for refusing to process an order once the order confirmation has been sent to the user. In the event that a product appears without an image, it will be the user’s responsibility to verify it by describing it.
4. PRICES, PAYMENT METHOD, DELIVERIES, AVAILABILITY AND RETURNS OF PRODUCTS
4.1 PRICES
The prices will be expressed in Euros and will include taxes (VAT included). Shipping costs are NOT included in the price of the items as they will depend on the number of items selected and the place of delivery of the order. The price applicable to the order request made by the buyer will be the one that was stated at the time of accepting the General Conditions of Contract, except in the event of manifest error.
Before confirming the order, CD Next Play Sport reserves the right to notify the buyer of any price error that may exist in it, with the buyer having the power to cancel their order request, reimbursing, where appropriate, the amount paid. and offering alternative possibilities that satisfy the client or accept the proposed price.
4.2 PURCHASE LIMIT
For security reasons, purchases over €300 cannot be made. If this amount is exceeded, the buyer should place an additional order for the amount exceeded.
4.3 Payment methods
All purchases originating from the acceptance by CD Next Play Sport of an Order Request may be paid with one of the following forms of payment:
- Virtual POS
- Wire transfer
CD Next Play Sport reserves the right not to accept a payment by credit card, being able to cancel the Order Request in case of doubt that the buyer is not the owner of the credit card provided. CD Next Play Sport does not store information about the credit cards provided by the user on its web platform.
4.4 DELIVERIES AND AVAILABILITY
The delivery of the orders will be made by CD Next Play Sport by its own means or through a transport agency designated by it. Orders will be delivered to the address designated by the buyer, therefore CD Next Play Sport does not assume any responsibility when the delivery cannot be made as a result of the data provided being inaccurate or incomplete or when the delivery cannot be made due to the absence of the addressee.
The delivery will be made to the address indicated by the client, which may be different from that of their habitual residence. In any case, the identification of the recipient will be required by means of an official document that identifies him, and signature of the delivery note.
Notwithstanding the foregoing, CD Next Play Sport will adopt the measures required of a diligent merchant so that delivery can be made as soon as possible, both to the satisfaction of the sender and the recipient. CD Next Play Sport does not guarantee that deliveries to hospitals, public bodies and other properties where there are restrictions on access to the general public, that they will be made directly to the recipient, the order being fulfilled and liability released, when the order has been made available to the recipient at the reception or place that acts as access control.
The delivery period set on the page will be merely indicative, and CD Next Play Sport will not be responsible in the event of exceeding the initially estimated period. On Saturdays, Sundays and holidays there is no collection or delivery service for orders, a circumstance that must be taken into account when calculating delivery dates. In periods in which there are special circumstances (significant dates such as Christmas, transport strikes, extraordinary events, etc.), shipments may experience some delay.
CD Next Play Sport does not guarantee deliveries at specific and specific times. If the buyer indicates a specific delivery date, or within it, shows a preference for a certain time slot, it will be understood that he does so for guidance. CD Next Play Sport must communicate this circumstance to the carrier so that, as far as possible, it complies with this indication, without assuming any other obligation or responsibility.
In the event that for reasons beyond the control of CD Next Play Sport the product requested in your order is not available, we will offer you the replacement of the requested product with another of the same price and similar quality or we will indicate the waiting period to return to dispose of it, without prejudice to their right to cancel the order and request the return of the amounts paid.
4.5 RETURNS
4.5.1 REFUND FOR WITHDRAWAL OR REVOCATION
You have the right to withdraw from this contract, retracting your purchase within a period of 15 calendar days without the need for justification. The withdrawal period will expire 15 calendar days from the day that you or a third party indicated by you, other than the carrier, acquired material possession of the goods. To exercise the right of withdrawal, you must notify us, by contacting Customer Service: By e-mail: info@cdnextplaysport.com or by Telephone: 650 147 787, your decision to withdraw from the contract through a unequivocal statement (for example, a letter sent by post, fax or email). Customer Service will inform you of the procedure to follow. To comply with the withdrawal period, it is sufficient that the communication regarding the exercise by you of this right is sent before the corresponding period expires. Consequences of withdrawal:
In the event of withdrawal by you, we will refund all payments received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the least expensive delivery method). that we offer) without undue delay and, in any case, no later than 15 calendar days from the date on which we are informed of your decision to withdraw from this contract. We will proceed to make said reimbursement using the same means of payment used by you for the initial transaction, unless you have expressly provided otherwise; in any case, you will not incur any expenses as a result of the reimbursement. We may withhold reimbursement until we have received the goods, or until you have provided proof of return of the goods, depending on which condition is met first.
You must return or deliver the goods directly to us, without undue delay and, in any case, no later than 7 calendar days from the date on which you notify us of your decision to withdraw from the contract. The deadline will be considered met if you return the goods before the deadline has expired. You must bear the direct cost of returning the goods.
4.5.2 RETURNS DAMAGED, DEFECTIVE OR INCORRECT PRODUCTS
If the buyer receives a damaged, defective or incorrect product, he has the right to claim its return or replacement within a maximum period of 7 days from the date of receipt.
To do this, the buyer must contact Customer Service by e-mail: info@cdnextplaysport.com. By telephone to the number 650 147 787 in which the Customer Service will inform you of the procedure to follow so that you can detail the reasons for the return.
The refund of the amount paid will not proceed in those products that are not in the same conditions in which they were received and in their original packaging, or that have been used beyond the mere opening of the product.
Any return must be notified to CD Next Play Sport by any legally accepted method that can be proven and, in any case, by returning the products received. CD Next Play Sport will check all damaged or defective products that are returned. If it is considered that the returned product presents defects attributable to the buyer, CD Next Play Sport reserves the right to invoice any associated expense, sending the damaged machine back together with a report detailing the reasons why the return is not applicable. return of it.
In case of proceeding, CD Next Play Sport will send you another one with the same or, failing that, superior characteristics. Likewise, CD Next Play Sport will be responsible for the shipping and/or collection costs at your home and for replacing it, without additional charges.
5. GUARANTEES
The guarantees of the products are those established by the manufacturer, being this in any case who would be responsible for the possible failures or defects of the supplied products. The customer is bound by the terms and conditions specified in the user manual provided by CD Next Play Sport. The guarantee applies as long as the product is used under the normal conditions of use determined by the manufacturer. CD Next Play Sport is not obliged to indemnify the buyer or third parties for the consequences of the use of the product, whether direct or indirect damages, accidents suffered by people, or damages to goods not related to the product.
CD Next Play Sport will be responsible for the lack of conformity of the good during the terms and under the legally established conditions. Similarly, the buyer is subject to compliance with the requirements and deadlines provided in current legislation for the exercise of these rights. In addition, article 9.4 of the Law on Guarantees in the Sale of Consumer Goods establishes that: “The consumer and user must inform the seller of the lack of conformity within two months of becoming aware of it.”
6. SCOPE OF ACTION
The sale of our products by this means will only be made in Spanish territory (in the Peninsula).
7. CUSTOMER SERVICE DEPARTMENT
CD Next Play Sport
Address: Calle Manuel Pombo Angulo 2, 1-C, 39011 Santander
Phone: 650 147 787
E-mail: info@cdnextplaysport.com
8. ONLINE DISPUTE RESOLUTION AND JURISDICTION
The European Commission offers an online platform for out-of-court dispute resolution (called the ODR platform). This ODR platform is conceived for the extrajudicial resolution of disputes between consumers and merchants, derived from sales contracts or the provision of services signed online. The ODR platform is available through the following link: http://ec.europa.eu/consumers/odr/
In addition, for the solution of any contentious issue arising from this contract or legal act, the parties may go to the Consumer Arbitration Board, which is entrusted with the appointment of the arbitrator or arbitrators and the administration of the arbitration. In the event that none of the above systems is effective and the formalization or judicial execution of the award is required, or in the event that the arbitration is not carried out by mutual agreement of the parties or is declared null, both parties submit to the Courts and Tribunals of the City of Barcelona, renouncing their own jurisdiction, if this were another.
9. APPLICABLE LAW
These General Conditions are subject to Spanish legislation, which will be applicable in relation to its validity, interpretation, execution and compliance.